Category Archives: Probate Q&A Series

What steps must a North Carolina estate administrator take to handle bank accounts, property sales and vehicle transfers?

What steps must a North Carolina estate administrator take to handle bank accounts, property sales and vehicle transfers? Detailed Answer When a court appoints an individual as an estate administrator (also called a personal representative) in North Carolina, that person gains the legal authority—and the duty—to identify, manage, and distribute the deceased’s assets. Three of…

How do I include and sell co-owned real property in North Carolina probate and handle personal property inventory?

How to Include and Sell Co-Owned Real Property in North Carolina Probate and Handle Personal Property Inventory 1. Detailed Answer When someone dies owning real property with another individual in North Carolina, start by identifying the form of co-ownership. Common types include tenancy in common and joint tenancy with right of survivorship. In tenancy in…

How can I use a small estate affidavit to transfer my father’s car title in North Carolina?

How can I use a small estate affidavit to transfer my father’s car title in North Carolina? Detailed Answer When a loved one passes away owning a vehicle and the entire estate qualifies as a small estate, you can avoid formal probate by using a small estate affidavit. In North Carolina, a small estate affidavit…

What are the costs and remote options for North Carolina probate administration for Camp Lejeune estates?

What are the costs and remote options for North Carolina probate administration for Camp Lejeune estates? Detailed Answer When a service member or loved one who lived at Camp Lejeune passes away, you must settle their estate through North Carolina probate. Understanding the expenses and how you can manage most steps remotely will help you…

How detailed must North Carolina probate personal property accounting be and how are retirement assets transferred?

How Detailed Must North Carolina Probate Personal Property Accounting Be and How Are Retirement Assets Transferred? 1. Detailed Answer Personal Property Accounting Requirements in North Carolina In North Carolina probate, the personal representative must file an account that clearly tracks all estate assets and transactions. Under G.S. 28A-19-2 and G.S. 28A-19-3, an account must include:…

How do I recover my property and start guardianship proceedings in North Carolina?

How do I recover my property and start guardianship proceedings in North Carolina? 1. Detailed Answer Recovering Your Property Through Replevin If someone refuses to return your belongings, you can file a replevin action to recover personal property. Replevin lets you ask the court to order the return of your items and, if needed, award…

How do I manage ancillary probate and transfer out-of-state property in North Carolina?

Detailed Answer When a person who owned real estate in another state dies leaving property in North Carolina, you must open an ancillary probate proceeding here. Ancillary probate is a secondary administration in North Carolina to transfer title to out-of-state real estate after the primary probate in the decedent’s home state. You start by obtaining…

What rights do heirs have under a North Carolina public administrator’s intestate estate and how can heirs gain representation?

What Rights Do Heirs Have Under a North Carolina Public Administrator’s Intestate Estate and How Can Heirs Gain Representation? Detailed Answer When an individual dies without a will in North Carolina and no family member or other qualified person steps forward, the clerk of superior court may appoint a public administrator to handle the estate.…

How do I handle missing estate property and appoint a public administrator in North Carolina?

How to Handle Missing Estate Property and Appoint a Public Administrator in North Carolina 1. Detailed Answer Understanding Missing Estate Property During probate, an estate representative must gather, value, and distribute a decedent’s assets under North Carolina law. Sometimes assets remain unlocated despite reasonable efforts. To handle missing property: Review bank and investment statements for…

How Do I Remove a Misbehaving Personal Representative and Protect Estate Property in North Carolina?

How Do I Remove a Misbehaving Personal Representative and Protect Estate Property in North Carolina? Detailed Answer When a personal representative mismanages an estate, beneficiaries and creditors can seek court intervention under North Carolina law. The first step is to determine whether the representative’s conduct qualifies as “misbehavior.” Examples include embezzlement, unauthorized distributions, neglect, or…